What to do following a Car Accident:

We recommend taking the following steps after an accident to comply with the law, and preserve your claims, and the claims of your family members:

  • Remain at the scene of the accident if anyone has suffered an injury or significant property damage and call the police for help.
    The police will help investigate the crash, can call for medical help if needed, and create a report documenting the details of the collision.
  • Seek medical treatment.
    It is vital that you seek professional help as soon as you can after an accident, no matter how minor your injuries may seem. Your care providers can then assess your injuries, document them, and develop a plan of care. This is important not only for your own well-being, but also to protect any potential injury claims you may have.
  • Take photographs and notes.
    Taking photographs at the scene of an accident can be very helpful for your case, especially if the police were not called. Photos after you have left the scene, which document your injuries and damage to the vehicles should also be taken, if possible.Take notes as soon as possible about what you remember following the accident, and write down the names and contact information for any witnesses. This information will be helpful in building your case later, and protecting your claims.
  • Keep your medical and therapy records and bills.
    Also, be sure to record the mileage you log to and from these visits.
  • Keep a record of the time you miss from work.
    This is important even if you are paid for the time you missed.
  • Ask an attorney when selecting an auto repair garage.
    Many times, insurance companies recommend “preferred” garages, which serve their interests, instead of yours.
  • Do not cash insurance checks or sign releases without speaking to an attorney.
    Your attorney can advise you regarding the terms of any settlement offers and releases the insurance company wants you to sign. Seek this advice before making any decisions.

How long do I have to file a Car Accident claim?

In Wisconsin, in most cases, people injured in car accidents have three years from the date of the crash to file lawsuit. There are exceptions to this rule, however. If a government employee is at fault for the collision, for example, the injured person must send written notice of their claim to the appropriate government agency within 120 days, or they could lose their right to file a lawsuit.

You should contact a personal injury attorney as soon as possible after a collision, so that he or she can advise you about the deadlines for your particular case, and help you to file your claims on time.

Other Frequently Asked Questions:

  • How do you collect your fees and costs?
    We work on what is called a “contingency fee” basis, which means our fees are a percentage of any recovery we obtain for you in your case. Our costs are also reimbursed out of your recovery. If there is no recovery, we do not collect a fee, and we will not be reimbursed for any costs.
  • Should I speak with an attorney before I speak to an insurance company?
    Absolutely. Insurance adjusters, even those working for your insurance company, are trained to get you to say things that may not be in your best interest. They do this because it is their job to limit the amount the insurance company pays on claims. By obtaining legal advice, you can protect your interests.
  • How soon should I contact an attorney?
    The sooner the better. Different types of claims have different time limits for serving formal notices, settling, or filing a lawsuit. If that date passes, you lose your right to recovery forever, even if you were never advised of that date.
  • Will I have to go to court?
    Going to court is not always necessary; in fact, we can settle most claims before even filing a lawsuit. If the insurance company refuses to make a fair settlement offer, we will file a lawsuit on your behalf. However, it is your decision whether or not your case goes to court, and this is a decision we can help guide you through.